Yes perhaps to further analogy at the extreme end - it could be seen analogous to if a caffeinated-weed-vodka energy drink company claimed its caffeinated-weed-vodka enhanced your driving ability and claimed to have internal metrics suggesting it worked, marketed the heck out of their "super alert" drink and wink-wink encouraged people to test it on the road but first to go to e-sign some click through waivers on their website.
